I’m getting divorced: can I get my spouse’s social security?
It is typical in a divorce case that at least one spouse had worked during the marriage and thus may have contributed to Social Security during employment. A common question centers on determining if – and when – a divorcing spouse is entitled to share in the other spouse’s Social Security benefit.
It may be important to make the expectation part of the retirement plan for the recipient spouse, and can be a factor when negotiating a settlement. This is particularly true for older couples who have been married for a number of years. For ease, I will refer to the spouse seeking to share in the other spouse’s Social Security benefit as the ‘recipient spouse’ and the (soon-to-be) ex-spouse as the ‘earning spouse’.
To be eligible, the marriage must have lasted for least ten (10) years. The recipient spouse must be at least 62 years of age before the right to receive the Social Security benefit begins. Also, the earning spouse must be eligible to receive Social Security benefits before the recipient spouse is able to receive benefits. To be eligible to receive Social Security benefits, the recipient spouse must be un-married, although there are some exceptions for remarriage after age 60. The recipient spouse’s right to a benefit based on the earning spouse’s work record does NOT reduce the amount of benefits the earning spouse will receive on retirement.
How much will the recipient spouse receive? Typically it is one-half of the earning spouse’s full benefit if the recipient spouse begins to collect on his/her own retirement at full retirement age (between ages 66 and 67, depending on the recipient spouse’s birth year). In determining how much the recipient spouse will receive, the recipient spouse’s own Social Security benefit must be less than the amount that spouse would receive from the earning spouse’s Social Security benefit. (For example, if the recipient spouse would receive $1,400 per month based on the recipient spouse’s own Social Security benefit, which is less than the $1,800 per month the recipient spouse would receive from the earning spouse who is getting $3,600 per month, then there is eligibility.) But if the recipient spouse would receive more from Social Security on the recipient spouse’s own work record that the recipient spouse would receive from the one-half of the earning spouse’s share, it might be recommended that the recipient spouse simply collect on the recipient spouse’s own benefit on full retirement age.
You may want to read more on this question before deciding if or when to receive Social Security benefits based on your ex-spouse’s work record. Please go to www.ssa.gov for much more information, including benefits calculations and detailed benefit rules.
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